【法规名称】
【法规编号】 79973 什么是编号？
【正 文】
第2页 CAP 282B EMPLOYEES' COMPENSATION (RULES OF COURT) RULES
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[接上页] Cap 282B rule 15 Service to be effected by parties Save where other provision is made, service shall be effected by or at the instance of the parties. Cap 282B rule 16 Method of application APPLICATIONS (1) An employee or an employer or any other person who desires the determination of any question arising out of an accident in which compensation is or might be claimed shall lodge with the registrar of the court a written application in Form 1, 2 or 3 in the Schedule accompanied by particulars containing- (L.N. 240 of 1980) (a) a concise statement of the circumstances in which the application is made and the relief or order which the applicant claims, or the question which he desires to have determined; (b) the full name and address of the applicant, and the name and address of the respondent.(2) If the application be made by an employer, it shall be accompanied by a statement whether he admits his liability to pay compensation or denies such liability, and whether the admission or denial is total or partial, and if he admits or denies liability. In the case of a denial of liability, the grounds shall be stated. Cap 282B rule 16A Use of language in applications and in Court (1) A judge may use either or both of the official languages in hearing an application or any other proceedings or a part of any proceedings before him as he considers appropriate for the just and expeditious disposal of the proceedings before him. (2) The decision of the judge under paragraph (1) is final. (3) A party to an application or a witness in any proceedings or a part of any proceedings before the Court may- (a) use either or both of the official languages; and (b) address the Court or testify in any language.(4) A legal representative in an application, in any proceedings or in a part of any proceedings before the Court may use either or both of the official languages. (5) Documents prepared for use by the Court in any application may be in either official language. (6) A party may file any document to be served on another party or person in either official language. (7) A party served with a document in an official language with which he is not familiar may within 3 days of being served request in writing the party serving the document to provide a translation of the document into the other official language. The party receiving the request shall indicate in writing within 3 days of receiving the request whether he will provide the translation or not. (8) A party who agrees to provide a translation shall do so as soon as practicable. (9) A party whose request is refused may apply to the Court for an order that the party serving the document shall provide the other party with a translation of it. The Court may order the party serving the document to provide a translation of it if the Court is satisfied that the request is reasonable. The Court may further order that the time for compliance with any rule or order requiring the taking of any step in proceedings within a particular period will not start to run until the translation is received by the applicant. (10) The time for compliance with any rule or order requiring the taking of any step in proceedings within a particular period shall start to run if a request in writing is served under paragraph (7)- (a) only after the receipt of the refusal to give a translation; (b) only after the receipt of the translation; or (c) as may be ordered by the Court under paragraph (9).(11) The costs of and incidental to providing a translation under this rule are costs in the cause of the proceedings unless the Court otherwise directs. (L.N. 591 of 1995) Cap 282B rule 17 Procedure after lodging application (1) As soon as an application, together with the accompanying particulars and statements required by rule 16, has been lodged, the registrar of the court shall cause a copy thereof to be served upon the respondent together with a notice in Form 4 in the Schedule informing the respondent that he must lodge with the registrar of the court such an answer as set out in paragraph (2) within the period therein stated, and that in default of his complying with that paragraph or of his appearing at a time and place fixed in the notice, such order may be made as the court deems just and expedient. Save with the written consent of the respondent communicated to the registrar of the court, not less than 1 month shall elapse between the date of the service of the notice upon the respondent and the date fixed for hearing the application. (2) If the respondent intends to oppose an application he shall, within 21 days after service of the notice, or within such extended period as the court may upon special request allow, lodge with the registrar a written answer in Form 5 in the Schedule containing a concise statement of the extent and grounds of his opposition. (3) The court may, at any time before the determination of the question in dispute and upon such terms as to adjournment or as to costs as may be deemed just, allow an application, or any particulars or statement accompanying the same, or any answer thereto, to be amended. Any such amendment shall be lodged with the registrar of the court who shall forthwith cause it to be served upon the opposite party. |
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